VAWA Immigration Attorney in Jacksonville

Who Qualifies for a VAWA Self-Petition

Three groups may file a VAWA self-petition using Form I-360. Eligibility depends on the relationship to the abuser, the nature of the abuse, and several core requirements USCIS evaluates in each case.

Eligible categories:

• Abused spouses or former spouses of U.S. citizens or lawful permanent residents. Divorced spouses may still qualify if the marriage ended within two years of filing and the divorce is connected to the abuse.
• Abused children of U.S. citizens or LPRs who file before age 21, or up to age 25 if the abuse was at least one central reason for the delay in filing.
• Abused parents of U.S. citizen children who are at least 21 years old.

VAWA protection isn’t limited to women. Men, children, and parents who meet the eligibility criteria may self-petition. A noncitizen parent whose child is being abused by a U.S. citizen or LPR parent may also file, even if that parent hasn’t been personally abused.

Covered abuse and core requirements:

• Battery and extreme cruelty both qualify. Physical, emotional, sexual, and coercive control are all recognized forms of abuse. A police report isn’t required.
• The self-petitioner must have a qualifying relationship to the abuser, and the abuser must be a U.S. citizen or LPR.
• The self-petitioner must demonstrate good moral character and must have lived in the U.S. with the abusive family member at some point.
• There is no annual cap on the number of VAWA self-petitions that may be filed.

The VAWA Self-Petition Process

Filing a VAWA self-petition begins with Form I-360, submitted directly to USCIS. There is no filing fee. The path forward after approval depends on whether the abuser is a U.S. citizen or an LPR.

• Abuser is a U.S. citizen: The self-petitioner and qualifying children are treated as immediate relatives. Once the I-360 is approved, adjustment of status using Form I-485 can proceed without waiting for a visa number to become available.
• Abuser is an LPR: The self-petitioner is placed in a family preference category and may need to wait for a visa number according to the Visa Bulletin before applying to adjust status.

An approved VAWA self-petition may provide access to work authorization and deferred action, which can protect the petitioner from removal while the case proceeds. VAWA self-petitioners are also exempt from certain bars to adjustment of status under the Immigration and Nationality Act, meaning some applicants who entered without inspection or worked without authorization may still be eligible to adjust.

Survivors currently in removal proceedings may pursue VAWA cancellation of removal under INA Section 240A(b)(2) if they have been physically present in the U.S. for at least three years and meet other eligibility requirements.

USCIS processing times for Form I-360 VAWA self-petitions are lengthy and have been increasing. As of early 2026, USCIS reports that 80% of VAWA self-petitions are processed within approximately 46–49 months, though individual cases vary and times are subject to change. Adjustment of status adds additional time after I-360 approval.